The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1887-07-28

Il
ed in said newspaper in its issue of
the 10Th day of April 1887 an abs
tract of a bill in equity.
Injunction prayed for against
Minister Aholo. A land transaction
ventilated.
In the Supreme Court yesterday
u petition was filed in by w. o.
Smith, L. A. Thurston, w. A. Kin
ney and M. de Gonveia. against L.
Aholo, Minister of Interior.
The petition states that on the
End day of August, 1886, one w.
M. Gibson then acting as Minister
of Interior of the Hawaiian King
dom, illegally, secretly and fraudu-
lantly, and without advertisement
as required by law, executed an
illegal and fraudulent instrument,
purporting to be lease to His
Majesty Kalakaua, certain lands
belonging to the Hawaiian Govern
ment, situate in the district of
Kona, Hawaii, viz: Of the lands of
Kekio 2, Maninioua, Mahaiula, Kau-
lana, Awalua, Puukala, Makaula,
Kalaoa /, 2, 3, A and 5, Kealakeho
and Kahanaiki, containing an area
of about $4,000 acres. That the
rent received in said lease is only
500 per annum, which is wholly
inadequate and insufficient rent for
said lands. That the term of said
lease is for 20 years. That the
said lands are, and at the time of
making said leases were worth not
less than $4,000. That said lease
is on file in the Interior Office.
That your petitioners are informed
and believe, and upon such in
formation and belief aver that His
Majesty Kalakaua has offered or
caused to be offered to l.. Aholo,
now Minister of Interior for the
Hawaiian Kingdom, the sum of $500
for the purchase of all said lands as
a whole. That said l.. Aholo has,
in pursuance of said offer, caused
the lands enumerated in said lease
to be advertised in the Govern
ment Gazette" for sale, and intends
to sell the same upon the 25th day
of April, 1887, at an upset price of
$500 for the said lands as a whole.
That said l.. Aholo well knows that
said lease was executed secretly, H.
legally and fraudulently, as afore-
said. That said lands are separate
and distinct from one another. That
portions Of said lands are suitable
for settlement under the Homestead
Act. That by reason of said condi-
ton improved by said L. Aholo
upon said proposed sale, making the
same subject to said illegal and
fraudulent lease, His Majesty Kala-
kaua and those acting for him and
in his interests, will be improperly
and wrongfully placed in a position
much more favorable for the pur-
pose of purchasing said lands than
other intending purchasers and in
tending bidders and purchasers, will
by reason thereof, be and are pre-
vented from bidding for or buying
said lands, and that the same will
therefore be sold for much less than
their real value, thereby causing
great and irreparable injury and
loss to the public and to your petit
TONERS as taxpayers. Wherefore
your petitioners pray that said L.
Aholo may be summoned to appear
and answer this bill of complaint,
and that an injunction may forth
with issue from this Court enjoining
and restraining the said l.. Aholo
from selling or disposing of said
lands or either of them, subject to
said leases and in the manner set
forth in said advertisement as afore-
said, until the further order of the
Court, and that after full hearing
such injunction may be made per-
petual.
Mr.. Justice Preston has appoint
ed Tuesday, April 21st, at 10
O'Clock A. NJ. as the time for the petit
ton to be heard and for defendant
to show cause why the injunction
therein prayed for should not issue"
BY the Court--We had occasion
at the January term, 1887, of this
Court, in the case of the "Hawaiian
Gazette" to say that such publica-
tions as appear to have a prejudi-
cial effect upon the rights of parties
in cases pending in the Courts, were
punishable as constructive contempt
of Court. Bishop on Criminal Law
sec. PIG says, According to the
general doctrine, any publication,
whetherb by parties or strangers, which
concerns a case pending in Court;
and has tendency to prejudice the
public concerning its merits, and to
corrupt the administration of JUS
tice, or which reflects upon the tri-
bunal or its proceedings, or on the
parties, the jurors, the witnesses or
the counsel, may be visited as
contempt.
The publication in question comes
within the principles laid down in
"Gazette" case and is fully sus-
tanned by authority.
Stuart VS.. The People. 3 Scam. 395
The People VS.. Wilson,. ga Ill. 1876
Tenny's Case. 49,. .23 w. H. 1862
Re Cheltenham and Swansea r.
r. Carriage and Wagon Co.,
l.. r.. ..........8 Eq. $50
The last case is on all tours with